The trademark IMER was filed by IMER International S.p.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on August 31, 2022, and received one opposition filed on November 30, 2022 by Ymer Technology AB on Likelihood of confusion. the opponent was represented by SWEA IP LAW AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 30, 2022
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Concrete mixers [machines]
Electric concrete mixers
Lifting platforms
Mobile platforms [lifting]
Self-propelled lifting platforms
Tracked lifting platforms
Saws [machines]
Whitewashing machines
Compressed air machines
Winches
Soldering apparatus, electric
Control mechanisms for robotic machines
Planetary mixers for mortar and concrete
Horizontal mixers for mortar and concrete
Mixing pumps for mortar and concrete
Mechanical mixers for mortar and concrete
Compacting machines
Elevators [lifts]
Bitumen making machines
Earth moving machines
Compressors [machines]
Pneumatic hammers
Hoists
Machine tools
Pumps [machines]
Conveyors
Belts for conveyors
Construction machines
Road making machines
Elevating apparatus
Crawler-tracked loaders
Hydraulic hammers.
The mark was filed in class 9 with following description of goods:
Computer hardware
Remote monitoring apparatus
Apparatus for the transmission of data
Data management software
Downloadable computer software for remote monitoring and analysis
Electronic apparatus for the remote control of signals
Computer hardware for remotely accessing and transmitting data
Computers for use in data management
Global Positioning System [GPS] apparatus
Devices for GPS tracking and positioning
Computer software applications, downloadable
Integrated circuits
Modems
Vehicle tracking apparatus
Machine control software
Remote control apparatus for starting vehicles and Remote control apparatus for starting machines
Sound and picture recording apparatus
Transmission apparatus for sound and images
Apparatus for reproduction of images and sound.
The mark was filed in class 12 with following description of goods:
Concrete mixing vehicles
Wheelbarrows
Vehicle frames for concrete mixers
Vehicle frames for construction machines
Concrete pump vehicles
Concrete conveyor belt vehicles and Parts for the aforesaid goods.
The mark was filed in class 35 with following description of goods:
Business promotion
Sales promotion
Product and service promotion in relation to the following fields: Construction
Business management
Marketing
Promotion of goods and services through sponsorship